Uncontested divorce proceedings are simpler and less emotionally stressful than contested divorces. It is an amicable way to dissolve a marriage between two consenting spouses who have realized that their marriage is not going to work.
However, one of the main reasons why uncontested divorces are the way to go is that both spouses sit down and decide who should get what marital assets. Not only that, but they can also decide the amount of child support, who gets primary custody, spousal support, and the arrangements pertaining to divorce.
All these things are officially written down and turned into a contract that can be enforceable by the court of law, which means, you don’t necessarily need to go to court to get divorced. However, there are some important requirements both spouses will have to meet in case of an uncontested divorce.
Uncontested Divorce in Virginia: Conditions Both Spouses Must Meet
Residency
Out of the two spouses, one spouse must prove that they are a genuine Virginian resident. They must also prove that they have been living in Virginia for at least six months before applying for divorce.
Authentic Testimony from Witnesses
In Virginia, for an uncontested divorce procedure, both spouses must prove that they have been living away from each other (in separate dwellings) without any sexual relations for at least 6 months (if they do not have a minor child). If they do have a child, they must live apart for up to a year. This, of course, will also need to be verified via a credible testimony by a witness.
Valid Signatures by Both Spouses
Both spouses must provide their signatures on the divorce documents at several places, highlighting that they approve of the conditions of their divorce.
